Uttarakhand High Court
WPSS/1073/2021 on 26 August, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 26TH DAY OF AUGUST, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (S/S) No. 1073 of 2021
BETWEEN:
Sunil Kumar & another. ...Petitioners
(By Mrs. Neetu Singh & Mrs. Gyan Mati, Advocates)
AND:
State of Uttarakhand & others. ...Respondents
(By Mr. V.S. Rawat, Brief Holder for the State of
Uttarakhand/respondent no.1 and Mr. N.S. Pundir,
Advocate for respondent nos. 2 & 3)
JUDGMENT
Petitioners appeared in a selection for
appointment to the post of Forest Guard. On a
complaint that unfair means were adopted by the
candidates in some of the centers, result, in respect
of those centers, was cancelled by the Selecting Body.
Thereafter, re-examination was also held in respect of
those centers, where unfair means were adopted by
the candidates.
2. Petitioners had appeared from such
examination centers, result whereof was cancelled,
however, they did not appear in re-examination. The
criminal prosecution was also lodged against the
petitioners, however, the said prosecution was
quashed by a Co-ordinate Bench of this Court, in view
of settlement arrived at between the complainant and
the petitioners.
3. By means of this writ petition, petitioners
have sought the following reliefs:
"(a). Issue an appropriate order, Writ or
directions in the nature of Certiorari
commanding & directing the Respondents
to quash the Impugned Order No.1817
dated 09-3-2021 (Annexed herewith as
Annexure No.-8) & quash the subsequently
issued Impugned Order No 285 dated 07-7-
2021 & No. 374/2021 dated 22-7-2021
(Annexed herewith as Annexure No.-10
colly.) issued by Respondent No.-2, in the
interest of justice to the Petitioners.
(b). Issue an appropriate order, Writ or
directions in the nature of Certiorari
commanding & directing the Respondents
to quash the Letter No. 1431 dated 21-1-
2021 & Letter No.1468/2021 dated 27-1-
2021 issued by the Respondent -2
(Annexed herewith as Annexure No.-7
colly.), interest of justice to the Petitioners.
(c) Issue an appropriate order, Writ or
directions in the nature Mandamus
commanding and directing the respondent
No.-2 to declare the results of entire
examination a fresh including the results of
Petitioners and may issue an appropriate
directions to issue call letters of all such
qualified candidates in order of merits to
appear in Physical Tests (2nd phase of
recruitment examination) to twice the
numbers of candidates being recruited as
per advertised Posts of Forest Guards, in
the interest of justice to the Petitioners.
(d) Issue an appropriate order, Writ or
directions in the nature of Mandamus
commanding and directing the Respondents
to declare the Petitioners discharged of all
the allegations after passing an appropriate
Writ or order to quash all such alleged
allegations of copying & using unfair mean
in the Forest Guard Examination, in the
interest of justice to the Petitioners."
4. After arguing for a while, learned counsel
for the petitioners confines her prayer and submits
that petitioners have made a representation on
13.07.2021, therefore, the Selecting Body may be
directed to take decision on the said representation at
the earliest.
5. Prayer made is innocuous, therefore, is worth
accepting.
6. Accordingly, the writ petition is disposed of
with a direction to Secretary, Uttarakhand Subordinate
Service Selection Commission (respondent no. 2) to
consider petitioners' representation and take
appropriate decision, in accordance with law, within a
period of eight weeks from the date of production of
certified copy of this order alongwith copy of
representation.
(MANOJ KUMAR TIWARI, J.)
Arpan
